Patna High Court
NAWAL SINGHversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The criminal appeal stands abated and is disposed of because the appellant is deceased and no near relative has applied for leave to continue.
Summary
The appellant, Nawal Singh, filed a criminal appeal (DB) No.560 of 2008 before the Patna High Court. During the pendency of the appeal, the appellant died, and a death certificate was produced by the police. The court examined the relevant provisions, namely Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bhartiya Nagarik Suraksha Sanhita, 2023), which provide for abatement of proceedings when the appellant dies and no near relative applies for leave to continue. Since no relative filed such an application, the court held that the appeal could not proceed. Consequently, the appeal was abated and disposed of, and the trial court record was ordered to be sent back to the concerned court.
Issues considered
- What is the effect on a criminal appeal when the appellant dies and no near relative applies for leave to continue the appeal under the applicable procedural law?
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abated appeal
- death of appellant
- Section 394 CrPC
- Section 435 Bhartiya Nagarik Suraksha Sanhita
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.560 of 2008
======================================================
NAWAL SINGH, S/o Mahendra Singh, R/o Vill. Siripur, P.S. Naugachia,
District - Bhagalpur
... ... Appellant/s
Versus
STATE OF BIHAR
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Pramod Kumar Thakur, Advocate
For the Respondent/s : Mr. G.P.Jaiswal, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 08-05-2026 Perused the Letter No. 298 dated 03.05.2026 of the
Superintendent of Police, Naugachhia, Bhagalpur along with the
report dated 03.05.2026 of the Police Inspector-cum-S.H.O.,
Naugachhia P.S., wherein it is indicated that during enquiry, it
came to light that the sole appellant, namely, Nawal Singh, is
dead and the death certificate of the appellant is annexed with
the said report.
2. In view of the said report as also section 394 of the
Code of Criminal Procedure, 1973, which corresponds to
section 435 of the Bhartiya Nagarik Suraksha Sanhita, 2023,
since no near relative has filed any application for leave to
continue the appeal, the Criminal Appeal stands abated and
disposed of.
Patna High Court CR. APP (DB) No.560 of 2008(4) dt.08-05-2026
2/2
3. Let the trial court record be sent back to the
concerned court immediately, if not required in any other cases.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
shailendra/-
U T
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